Legislative and Policy Update

Transcription

1 Legislative and Policy Update Brian Gunn ATNI Annual Conference September 18, 2018 Powers Pyles Sutter & Verville, PC 1501 M Street, NW, Seventh Floor Washington, DC Telephone: (202) Fax: (202)

2 Where We Are We are in the second session of the 115 th Congress All members of the House and one third of the Senate up for reelection in November Republicans control House with a majority Democrats need a net gain of 24 seats to assume control of the House Democrats have done so twice in 1974 and House Republicans have announced they are retiring or have already retired Republicans could gain seats in the Senate Current majority is

3 Budget and Appropriations Congress working to finalize FY 2019 appropriations Cuts to Indian programs proposed in President s FY 2019 budget rejected by House and Senate Several Indian programs saw increases in House and Senate bills Continuing resolution through Dec. 7 very likely Handful of spending bills have been signed into law 3

4 Indian Bills Signed into Law Indian Employment, Training, and Related Services Act (Pub. L ) Makes various changes to 477 program Western Oregon Tribal Fairness Act (Pub. L ) Takes certain land into trust for Cow Creek and Coos and amends Coquille Restoration Act Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act (Pub. L ) Extends federal recognition to six Virginia Indian tribes Ashlynne Mike AMBER Alert in Indian Country Act (Pub. L ) Creates grant program for tribal participation in AMBER Alert system 4

5 Indian Bills Signed into Law (cont d) Oregon Tribal Economic Development Act (Pub. L ) Clarifies Oregon tribes authority to alienate tribally owned of fee lands without congressional authorization To amend the White Mountain Apache Tribe Water Rights Quantification Act (Pub. L ) Makes corrections to 2010 water settlement Tribal Social Security Fairness Act H.R. 6124, pending President s signature Authorizes tribes to opt-in to Social Security program to enable elected tribal officials to receive benefits 5

6 Pending Indian Related Bills Indian Tribal Energy Development and Self-Determination Act Amendments of 2017 (S.245) Passed Senate Dec. 4, 2017 Priority for SCIA Chairman Hoeven Bill has been pending for three Congresses Indian Country Economic Enhancement Act (S.1116) Passed Senate March 22, 2018 Opioid crisis response House and Senate have passed different versions Restoring Accountability the Indian Health Service Act SCIA approved on April 11, 2018 Approved by House Natural Resources Committee on May 24, 2018 Distillery prohibition repeal (H.R. 5317) Passed House on Sept. 12,

7 Farm Bill Funds all USDA programs, including food stamps (SNAP) Current programs expire Sept. 30, 2018 House and Senate have each passed different versions Conferees named Includes some tribal provisions 638 authority for USFS faces opposition Outlook uncertain this year Negotiators reportedly far apart If Democrats take the House in the midterm elections, they can write their own version in 2019 Senate Democrats seem to be taking wait and see approach 7

8 Water Infrastructure Water Resources Development Act (WRDA) WRDA is the authorization for Army Corps of Engineers House and Senate have agreed to 2018 bill America's Water Infrastructure Act, S.3021 Includes Columbia River housing provision (CRITFC priority) Does not include a Bureau of Reclamation specific amendment that Senate had adopted Included several tribal and NW provisions Some provisions may be viable for inclusion in an end-ofyear vehicle 8

9 H.R Columbia River Related Bills Would extend current Biological Opinion for Columbia River system through 2022 Failed to be included in Energy and Water spending bill Likely dead this year Hydropower Modernization Act (H.R. 3043) Would expedite FERC license process for hydro projects Hydropower reform package still possible depending on midterm outcome 9

10 Columbia River Related Bills (cont d) Bureau of Reclamation Pumped Storage Hydropower Development Act (H.R. 1967) Would expedite pumped storage projects at BOR dams Was included in failed Senate Reclamation amendment but could still see a path forward Endangered Salmon and Fisheries Predation Prevention Act (H.R. 2083) Would authorize taking sea lions to protect salmon Was not included in WRDA Multiple Senate bills introduced over past two months 10

11 Interior Personnel and Vacancies Department of the Interior Tara Sweeney is the new Assistant Secretary Indian Affairs Currently no nominee for DOI Solicitor Other nominees for DOI vacant Indian Health Service No nominee for IHS Director Robert Weaver withdrew nomination in February 11

12 DOI Reorganization DOI has finalized proposal to establish 12 unified regional offices August 29, 2018, Zinke press release and letter stated reorganization final for non-bia DOI agencies BIA, BIE, and OST thus far not included in reorganization DOI has indicated more tribal consultation with be forthcoming Tribal impacts unclear Some tribes could benefit from reorganization If BIA left out, will BIA be at the table when non-bia decisions are being made? Deadline for written comments is midnight eastern this Saturday, Sept. 22nd 12

13 13 Final Map of 12 Unified Regions ( )

14 The Outlook for the Rest of the Year Everything, it seems, hinges on midterm elections Timing and duration of lame duck session If Democrats gain control of the House, big ticket items like the Farm Bill will likely get pushed into the next Congress For less controversial bills, it will likely be a trading game House and Senate have each passed Indian bills that they want the other chamber to pass End of year deal making 14

15 Questions? The picture can't be displayed. Bronson Jet Gunn yesterday afternoon 15